Court of Criminal Appeals

F-2001-1514

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1514, Montain Lamont Maxwell appealed his conviction for Robbery with Firearms. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Montain Lamont Maxwell was tried by a jury and found guilty of robbery using a firearm. The jury decided he should be sentenced to 20 years in prison. Afterwards, he appealed his conviction, saying there were problems during his trial. First, Maxwell claimed the prosecution said things that made it seem like he was guilty for not speaking up during the trial. This goes against his right to remain silent, a protection given by the U.S. Constitution. He argued that the prosecutor asked improper questions and made unfair comments about his silence before and after his arrest. Second, Maxwell said the way he was identified as the robber wasn't reliable, and he argued that the trial court should have told the jury to be careful about believing eyewitness accounts. He also argued that there wasn’t enough evidence to prove he committed the robbery with a dangerous weapon. Finally, Maxwell said his lawyer didn’t help him enough during the trial, which violated his rights. The court took a close look at all the problems raised by Maxwell. They found that the prosecution had indeed made mistakes regarding his right to stay quiet. They commented unfairly about his silence, which might have led the jury to think he was hiding something. The court also noted that the evidence against Maxwell came down to conflicting stories between him and the victim. The jury had a hard time reaching a decision and sent many notes during their deliberation. Because of the unfair treatment regarding his silence and the lack of a proper defense from his lawyer, the court decided these issues were serious enough that they couldn't ignore them. In the end, the court reversed Maxwell's conviction and ordered a new trial to make sure he gets a fair chance to defend himself.

Continue ReadingF-2001-1514

F-2001-1444

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1444, the appellant appealed his conviction for Driving Under the Influence of Alcohol (2nd offense) and Driving While Privilege Suspended. In an unpublished decision, the court decided to reverse the conviction for Driving Under the Influence and ordered a new trial with proper instructions. The judgment for Driving While Privilege Suspended was affirmed. One judge dissented.

Continue ReadingF-2001-1444

F-2002-708

  • Post author:
  • Post category:F

In OCCA case No. F-2002-708, Gary Don Caudill appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to modify his sentence. The original jury had recommended an 18-year sentence, but the district court imposed a 35-year sentence and a $2000 fine instead. Caudill argued that this was not fair because the court should not have given him a longer sentence than what the jury recommended. The court agreed with this claim, stating that the state had made a mistake because of a prior legal opinion that was later changed. As a result, Caudill's sentence was modified back to 18 years in prison with the same fine. The decision of the district court was affirmed, but his sentence was changed. One judge dissented.

Continue ReadingF-2002-708

F-2002-201

  • Post author:
  • Post category:F

In OCCA case No. F-2002-201, Robert Mark Stephens appealed his conviction for First Degree Robbery and Attempted Kidnapping. In an unpublished decision, the court decided to affirm his convictions but modified his sentences to run concurrently. One judge dissented. Stephens was found guilty by a jury in Tulsa County and was sentenced to fifteen years for robbery and one year for attempted kidnapping, with the sentences to run one after the other. He raised several issues for appeal. First, he argued that his right to due process was violated because the court did not order a professional examination to check if he was competent to stand trial. However, the court concluded that there were not enough facts to raise a doubt about his competency. Second, Stephens claimed the trial court abused its power by not allowing him to use a mental illness defense. The court found no error in this as Oklahoma law does not allow for a defense of diminished capacity in non-capital cases. Third, he said he did not get a fair trial because the judge did not permit jury instructions on his mental capacity, which he believed was necessary to explain his intent during the crime. The court agreed with the trial court's ruling, saying that there is no provision for mitigating evidence in such trials. Stephens also believed he had ineffective help from his lawyer, but the court found he did not prove this claim. Finally, he said the trial judge wrongly refused to consider concurrent sentences, which led to an abuse of discretion. The court acknowledged this point and modified his sentences so they would run at the same time. In summary, the court upheld the convictions but changed the way the sentences would be served, allowing Stephens to serve his time for both crimes together instead of separately.

Continue ReadingF-2002-201

F-2001-1488

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1488, Robert Wesley Choate appealed his conviction for manufacturing a controlled dangerous substance, possession of a precursor, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to uphold the conviction for manufacturing but reversed the conviction for possession of a precursor, which means that his punishment for that charge was dismissed. One member of the court dissented from this decision.

Continue ReadingF-2001-1488

F 2001-1348

  • Post author:
  • Post category:F

In OCCA case No. F 2001-1348, Holly Ann Glasgow appealed her conviction for two counts of Robbery by Force and Fear. In a published decision, the court decided to reverse the conviction on Count One and remand it to the district court to change the charge to Receiving Stolen Property with a reduced sentence. The conviction on Count Two was affirmed. One judge dissented.

Continue ReadingF 2001-1348

F 2001-1506

  • Post author:
  • Post category:F

In OCCA case No. F 2001-1506, Jose Fajardo appealed his conviction for Lewd Molestation and Indecent Proposal to a Child. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Fajardo was found guilty in a trial held in July 2001, where the jury decided he should go to prison for five years for Lewd Molestation and fifteen years for Indecent Proposal, with the sentences to be served one after the other. He appealed these decisions. Fajardo argued nine different reasons why his trial was unfair. He thought the court made mistakes, like not allowing his lawyer to question a juror properly, which he said made it hard for him to get a fair trial. He also said his lawyer didn’t do a good job because important witnesses were not there during the trial. Another point he made was that charging him with two separate crimes instead of one was unfair. After looking at everything, the court decided that one specific mistake was serious enough to warrant a new trial. The court found that a special advocate, who was allowed to help the victim during the trial, should not have been there because there was no law allowing that in this type of case. The special advocate acted in a very active role and helped the prosecution, which made the trial feel unfair to Fajardo. Because this was a big mistake that affected the fairness of the trial, the court ordered a new trial. The other arguments made by Fajardo did not need to be looked at since this one reason was enough to lead to a new trial.

Continue ReadingF 2001-1506

F-2001-1165

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1165, Shawn R. Chapman appealed his conviction for multiple serious crimes. In a published decision, the court decided to modify some of his sentences. One judge dissented. Chapman was found guilty of several serious charges, including first-degree rape, rape by instrumentation, kidnapping, and drug-related offenses in Logan County. He was given lengthy prison sentences, amounting to a total of 480 years. Chapman raised many reasons to challenge his convictions and sentences. He argued that the evidence presented against him was unfairly prejudicial, and he claimed that his lawyer's comments during the trial hurt his case. Chapman also thought that the jury's verdicts for some of the sexual crimes were not allowed under the law because they were too similar. He felt that the trial court did not allow enough time for his lawyer to prepare and that his sentences were too harsh. The court examined all the evidence and arguments. They found no reason to overturn the convictions but decided that some of the sentences should be changed. The judges agreed that the evidence from other crimes was relevant and that it did not unfairly influence the jury. They believed that the sentences for the rape charges were too long and changed them to life imprisonment, while still upholding the other sentences. The court concluded that there were no overall errors that would change the outcome of the trial, and they affirmed most of the decisions made by the lower court. However, one judge disagreed with the modification of the sentences, believing that the jury's decisions on the punishments were justified given the severity of the crimes Chapman committed.

Continue ReadingF-2001-1165

RE-2001-1375

  • Post author:
  • Post category:RE

In OCCA case No. RE-2001-1375, the individual appealed his conviction for multiple crimes including Theft of a Debit Card, Grand Larceny, Unauthorized Use of a Vehicle, and others. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified the sentence for Grand Larceny in one count due to an error. One member of the court dissented. The case began when the individual pled guilty to several offenses on December 5, 2000. He was given sentences that were mostly suspended, meaning he would not have to serve time unless he broke the rules of his probation. However, on September 25, 2001, the State of Oklahoma said he violated those rules by not reporting to his probation officer and committing another crime, which led to a hearing. During the hearing, the judge decided to revoke his suspended sentences. The appellant argued that his punishment for Grand Larceny was too harsh since it violated the rules for sentencing that say he should not have gotten more than a year in jail for that specific crime. The court agreed that the original sentence was incorrect but also ruled that it did not harm the individual too much since his other sentences were still valid. The individual also claimed that he was unfairly required to pay for restitution he believed he should not have been responsible for, but the court found he did not follow the proper steps to challenge that. Lastly, he argued that his overall sentences were excessive, but the court determined that since the sentences were within a reasonable range and he had indeed violated his probation, there was no unfairness in the judge's decisions. So, the court affirmed most of his sentences and ordered a correction for the incorrect Grand Larceny sentence, which should only require one year of confinement.

Continue ReadingRE-2001-1375

F-2001-1517

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1517, Paul Nathan Johnson appealed his conviction for multiple counts related to drug offenses, including Attempt to Manufacture Methamphetamine and Possession of Methamphetamine Within 1000 Feet of a School. In an unpublished decision, the court decided to affirm Johnson's convictions and sentences but vacated the fine imposed for one of the charges. One judge dissented. The case involved Johnson being found guilty of trying to make methamphetamine and having it near a school. He was also charged with having a gun while committing these crimes and having tools used for drug-making. The trial judge gave Johnson a long sentence and hefty fines based on the jury's recommendations. Johnson raised several complaints in his appeal. First, he argued that being convicted for both trying to make meth and having it near a school was unfair. The court decided that both charges were different enough that he could be found guilty of both without it being double punishment. Next, Johnson claimed there wasn't enough proof that he had a gun ready to use while making drugs. However, the court found that there was enough evidence showing he had the gun where he could easily get to it. Johnson also argued that he didn't really start making meth yet. The court disagreed and stated that the evidence showed he was past just planning and was actively attempting to make the drug. Finally, Johnson felt that his sentences were too harsh. The court decided that the judge acted within their rights in giving Johnson the sentences and fines, except for one fine, which they deemed not allowed by the law. In the end, the court confirmed most of Johnson's convictions and sentences but removed the extra fine related to one of the charges.

Continue ReadingF-2001-1517

F 2001-999

  • Post author:
  • Post category:F

In OCCA case No. F 2001-999, Eric Jackson Davis appealed his conviction for multiple sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions but reversed one of them due to lack of sufficient evidence. One member of the court dissented regarding the decision on sentencing. Davis was found guilty by a jury of five counts of First Degree Rape, two counts of Lewd Molestation, and one count of Forcible Oral Sodomy. The trial took place over three days, and the jury decided on punishments ranging from ten to fifty years for the various counts. The judge announced that Davis's sentences would be served one after the other, known as consecutive sentences. Davis raised three main issues on appeal. First, he argued that there was no evidence proving that a sexual act occurred in the case of the Forcible Oral Sodomy charge, and therefore he asked for that conviction to be overturned. Second, he claimed that there was insufficient evidence for one of the rape counts and wanted it dismissed as well. Lastly, he argued that receiving a total of two hundred forty years in prison was too severe. After looking at the facts and evidence from the trial, the court found that most of the convictions were supported by enough evidence. However, they agreed that one rape conviction should be reversed because the prosecution did not present enough proof to support that specific charge. The court did not find merit in the argument about the Forcible Oral Sodomy conviction. Regarding the sentence, the court acknowledged that different factors should be considered when deciding if a sentence is too harsh. While they found the trial judge's refusal to consider running the sentences at the same time was wrong, they stated that the judge's personal views about sex crimes against children influenced that decision. Therefore, the case was sent back to the lower court for resentencing, but the main convictions were upheld. In summary, the court upheld the majority of Davis's convictions and ordered the court below to reconsider how the sentences were issued, while they reversed one specific conviction due to a lack of evidence. One judge disagreed with the need for a new sentencing hearing, believing that the consequences should remain as they are given the serious nature of the crimes.

Continue ReadingF 2001-999

F-2001-692

  • Post author:
  • Post category:F

In OCCA case No. F-2001-692, William Ray Pratt appealed his conviction for First Degree Rape by Instrumentation and Child Sexual Abuse. In an unpublished decision, the court decided to affirm the convictions and sentences for most counts but reversed one count due to lack of evidence. One member of the court dissented. Pratt was found guilty of several serious crimes against a child and was sentenced to a total of 45 years in prison, with the sentences for each count set to run one after the other. He challenged his conviction on several grounds, which were carefully reviewed by the court. First, Pratt argued that evidence of other crimes against him should not have been allowed in the trial. The court found that this evidence was considered appropriate because it showed similar behavior. Next, Pratt claimed there were mistakes made during the trial that hurt his chance for a fair trial. The court disagreed, saying that the mistakes did not significantly affect the outcome of his trial. Finally, Pratt mentioned that there was not enough evidence for one of the counts against him. The court agreed with this, stating that the required proof of penetration was missing for that specific count, leading them to reverse the conviction for that charge and instruct the lower court to dismiss it. Overall, while Pratt's appeal was partially successful, the court upheld most of his convictions and sentences.

Continue ReadingF-2001-692

C-2002-652

  • Post author:
  • Post category:C

In OCCA case No. C-2002-652, the petitioner appealed his conviction for multiple offenses, including Second Degree Burglary, First Degree Burglary, Kidnapping, Larceny of an Automobile, and Robbery with a Weapon. In an unpublished decision, the court decided to grant the petitioner's appeal in part by modifying some of his sentences. However, the court affirmed the convictions and sentences for the other offenses. One judge dissented from the decision.

Continue ReadingC-2002-652

F-2001-1338

  • Post author:
  • Post category:F

In OCCA case No. F-01-1338, Henderson appealed his conviction for Distribution of a Controlled Substance (Cocaine) and Conspiracy to Distribute a Controlled Dangerous Substance. In an unpublished decision, the court decided to affirm the conviction for Distribution of a Controlled Substance but dismissed the Conspiracy charge. One judge dissented. Henderson was found guilty by a jury of distributing cocaine and conspiracy to distribute it. The jury recommended a total sentence of thirty-five years for each count, to be served one after the other, along with a hefty fine. On appeal, Henderson raised several issues. He argued that his two convictions were unfair because they were based on the same act, leading to double punishment, which is not allowed. The court agreed with this point and dismissed the conspiracy conviction. The court noted that even though a conspiracy usually stands as a separate crime, in this case, the charges were very closely related and relied on the same actions. Because of this, the law was not followed correctly. While Henderson's other claims about the trial were considered, the judges found them to lack enough merit to change the outcome. The court concluded that enough evidence supported his conviction for distributing cocaine, so that part of the case remained in place, while the conspiracy charge was dropped. Overall, the final decision was that the court upheld the guilty verdict for distribution but reversed the conspiracy conviction.

Continue ReadingF-2001-1338

F-2001-793

  • Post author:
  • Post category:F

In OCCA case No. F-2001-793, Robert Dale Marlow appealed his conviction for three counts of First Degree Rape, Forcible Sodomy, and First Degree Rape by Instrumentation. In an unpublished decision, the court decided to modify one of the convictions to Second Degree Rape by Instrumentation and also modified the sentences for the remaining convictions. One judge dissented. Marlow was found guilty of serious crimes related to sexual offenses. The jury decided to give him a very long punishment of 100 years for each of the five crimes, which they all ran one after the other, making a total of 500 years. In the appeal, Marlow pointed out several issues with his trial. First, he argued that he didn’t get a fair trial because the judge allowed the jury to hear about another crime that wasn’t related to what he was accused of. This might have made the jury think he was a bad person and influenced their decision. Second, he said the jury was not properly instructed about one of the charges. The charge of First Degree Rape by Instrumentation did not include an important detail about “bodily harm.” Because of this, the court acknowledged that he should have been found guilty of a lesser crime instead. They also talked about how the prosecutor brought in information about other incidents that happened at a different time, which they believed could confuse the jury and affect the fairness of the trial. After looking carefully at everything, the court decided that the conviction for First Degree Rape by Instrumentation should be changed to Second Degree Rape by Instrumentation, and they gave him a new sentence of 20 years for this crime. The other convictions were kept but the sentences were reduced to 40 years each for the remaining counts. All of the sentences will still be served one after the other. This review shows how important it is for trials to be fair, with accurate charges and instructions provided to the jury.

Continue ReadingF-2001-793

F-2001-338

  • Post author:
  • Post category:F

In OCCA case No. F-2001-338, Gene Paul Ray appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and ordered a new trial. One judge dissented. Gene Paul Ray was found guilty of two counts of Lewd Molestation but was not guilty on six other related charges. The jury gave him a punishment of ten years for each count, and those sentences would be served one after the other. Ray appealed for many reasons. He first argued that it was wrong for a special advocate to help prosecute him. He believed this went against his rights. The court agreed that this was a mistake because the advocate was not supposed to be involved in his case based on the law. The advocate acted like a second lawyer against Ray, which was unfair. Next, Ray claimed that the court made a mistake by allowing an expert to speak about “child sexual accommodation syndrome” before the victims testified. The court found that this was not done properly and that it could have made the jury more likely to believe the victims’ stories without proper evidence. Ray also said that it was wrong for the court to allow the parents of the child victims to testify about what their children said. This meant the jury heard claims of abuse more times than they should have, making the children's stories seem more believable than they might be. Ray argued that he was also unfairly treated when the court allowed the prosecution to talk about his past drinking problems to attack his character. The court agreed that this kind of information shouldn’t have been used in that way, especially since the prosecution did not show it related to the case. Finally, Ray argued that all these mistakes added up to make it impossible for him to have a fair trial. The court agreed and decided that the combination of these errors meant he wasn't treated fairly in the trial. In summary, the court decided to reverse Ray's convictions and ordered a new trial so that he could have a fair chance to defend himself in light of the mistakes that were made during the original trial.

Continue ReadingF-2001-338

F-2001-1230

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1230, a person appealed his conviction for attempted second-degree burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentence from thirty years to twenty years. One judge dissented. The person, who was found guilty of trying to break into a garage, admitted to the police that he was looking for tools to fix his car. However, the court determined that this was not a good enough reason to justify his actions in attempting to commit burglary, so the evidence supported his conviction. The appellant raised several issues in his appeal. He argued that there wasn't enough evidence to support the conviction, and claimed that two of his previous convictions, which were used to enhance his sentence, came from the same incident. He also argued that the introduction of some unfair evidence during the trial and the instruction given to the jury resulted in a higher sentence than warranted. Another point of contention was that a new law reducing penalties for certain non-violent offenders should apply to him. However, the court found that this new law could not be applied to his case because it was not stated that it should apply to past cases. Finally, he claimed that the cumulative errors in his trial affected the fairness of the verdict, but the court found that the only issue that warranted a change was the irrelevant evidence that influenced the length of his sentence. In summary, the court agreed that some aspects of the trial weren't fair, leading to a modified sentence of twenty years instead of thirty, but it upheld the conviction itself.

Continue ReadingF-2001-1230

RE 2001-1070

  • Post author:
  • Post category:RE

In OCCA case No. RE 2001-1070, Billy Joe Baldwin appealed his conviction for Knowingly Concealing Stolen Property, Feloniously Pointing a Weapon, and Unauthorized Use of a Vehicle. In a published decision, the court decided to affirm the revocation of Baldwin's suspended sentences but modified the sentences to one year revoked with the remainder suspended, to run concurrently. One judge dissented.

Continue ReadingRE 2001-1070

RE-2001-1120

  • Post author:
  • Post category:RE

In OCCA case No. RE-2001-1120, Mitchell Wayne Pate appealed his conviction for Felony Omission to Provide for a Child. In a published decision, the court decided to modify the partial revocation of his suspended sentence. The State agreed that the appeal had merit, and the court changed the previous decision to state that only one year and six months of Pate's suspended sentence is revoked.

Continue ReadingRE-2001-1120

F-2001-278

  • Post author:
  • Post category:F

In OCCA case No. F-2001-278, Kirk appealed his conviction for First Degree Murder, Domestic Abuse After Former Conviction of Domestic Abuse, and Assault and Battery with a Dangerous Weapon. In a published decision, the court decided that the convictions for First Degree Murder and Assault and Battery with a Dangerous Weapon were affirmed, while the conviction for Domestic Abuse After Former Conviction of Domestic Abuse was reversed and remanded with instructions to dismiss. One judge dissented. Kirk was found guilty after an incident on January 24, 2000, where he lived with Reva Gail Sweetin. That night, Kirk's friend, Billy Whiting, visited them. After drinking alcohol, Whiting became very drunk and fell off the couch multiple times. Sweetin tried to help him, but Kirk later emerged with a knife and attacked both Sweetin and Whiting, ultimately fatally stabbing Whiting. Kirk raised several arguments during his appeal. First, he claimed the evidence was not enough to support his convictions, arguing that the witnesses who testified against him were not credible. However, the court found that the evidence supported the jury's decision. Second, Kirk argued that being convicted of both Domestic Abuse and Assault and Battery was unfair because both were for the same action. The court agreed with this point and decided to dismiss the Domestic Abuse conviction. Kirk also claimed that the prosecutor inappropriately vouched for Sweetin's credibility during closing arguments. The court concluded that these comments did not indicate the prosecutor's personal opinion but were a response to the defense's arguments. Another concern raised by Kirk was about other crimes evidence that the prosecutor brought up regarding his ex-wife, but the court determined that the jury was properly instructed to disregard it. Kirk argued that he should have received instructions about the witness's past bad acts. While the court agreed this was a mistake, they believed it did not significantly affect the trial's outcome due to the strong evidence against him. Lastly, Kirk claimed the overall errors during the trial were enough to warrant a new trial. However, since the court had already determined that one of his convictions should be reversed, they found there were no additional grounds for relief. In summary, the court upheld the murder and assault convictions, dismissed the domestic abuse charge, ensuring a focus on the primary acts Kirk committed during the incident.

Continue ReadingF-2001-278

F-2001-558

  • Post author:
  • Post category:F

In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

Continue ReadingF-2001-558

F-2001-655

  • Post author:
  • Post category:F

In OCCA case No. F-2001-655, Robert Leroy Martin appealed his conviction for First Degree Rape, Robbery with a Dangerous Weapon, and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentences to run concurrently instead of consecutively. One judge dissented. Robert Leroy Martin was found guilty of serious crimes by a jury. The judge gave him life imprisonment for rape, fifty years for robbery, and twenty years for burglary, and said he had to serve these sentences one after the other. Martin then appealed this decision. During the appeal, the court looked closely at the case and the arguments made. They considered several points raised by Martin. The first point was about the instructions the jury received during the trial about burglary. The court found this was not a mistake that affected the trial unfairly because Martin’s explanation was different from that of another case. The second point Martin made was about the jurors not getting complete information on the punishments they could choose for each crime. However, the court said Martin did not object during the trial, so he couldn’t claim this as an error now. The third and final point discussed was whether the sentences were too harsh. The court agreed that the long sentences felt excessive for the circumstances of the case. In the end, the court said Martin would still be found guilty but changed the way the sentences would be served from one after the other to at the same time. One judge disagreed with changing the sentences, believing the original decision by the trial judge should stand.

Continue ReadingF-2001-655

J 2002-0247

  • Post author:
  • Post category:J

In OCCA case No. J 2002-0247, A.B.H. appealed his conviction for Assault and Battery With A Deadly Weapon With Intent To Kill. In a published decision, the court decided to reverse the order that allowed the State to sentence him as an adult. One judge dissented. A.B.H. was charged as a Youthful Offender and the State wanted him to be tried and sentenced as an adult. There was a hearing to discuss this, and the judge decided to allow the State's request. A.B.H. argued that this was not fair because the judge did not properly consider if he could be rehabilitated as a youthful offender. The court looked at the evidence, including studies that showed A.B.H. could complete a plan for rehabilitation and that the public would be safe if he was treated as a youthful offender. Because the State did not provide strong evidence to support trying him as an adult, the court decided to reverse that decision and send the case back for further action.

Continue ReadingJ 2002-0247

F-2001-785

  • Post author:
  • Post category:F

In OCCA case No. F-2001-785, Sammy Dewain Haas appealed his conviction for Operating a Motor Vehicle While Under the Influence of Alcohol and Driving Under Suspension. In a published decision, the court decided to affirm his conviction. One judge dissented. Sammy Dewain Haas faced serious charges for driving while drunk and for driving when his license was suspended. He went to trial in Beckham County, where a jury found him guilty. The punishment was set at ten years in prison and a $10,000 fine for the drunk driving charge, and one year and a $500 fine for the driving under suspension charge. The sentences were to be served at the same time. Haas raised several issues on appeal. First, he pointed out that the prosecutor wrongly argued that the jury should think about what he might do in the future instead of what he did this time. The court did not think this was a serious mistake that required a new trial. Second, he claimed that the jury should have been told about a lesser charge called Driving While Impaired, but the court found that the evidence did not support that. Haas also said the judge should have given instructions about using circumstantial evidence, which is when a conclusion is drawn based on the surrounding facts instead of direct evidence. While the court agreed that the instructions should have been given, they ruled that this mistake didn't affect the overall outcome of the trial. Finally, the court ordered that the official record be changed to correctly state that Haas's sentences were to run together, not one after the other. In the end, the court upheld the trial’s decision, meaning Haas would remain convicted and serve his sentence as planned.

Continue ReadingF-2001-785

F 2001-171

  • Post author:
  • Post category:F

In OCCA case No. F 2001-171, Emily Dowdy appealed her conviction for Manslaughter in the First Degree (DUI). In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Emily Dowdy was found guilty of causing a death while driving under the influence of alcohol. Her trial took place in January 2001, and she was sentenced to 25 years in prison. After her conviction, she appealed, arguing ten different points about why her trial was unfair. First, she claimed that she should not have been tried again because of double jeopardy, which means a person cannot be tried for the same crime twice. However, the appellate court said that this was not the case here because the state did not purposefully try to get a mistrial. Second, Dowdy wanted to present a defense that she was involuntarily intoxicated, meaning she did not intend to be drunk, but the court ruled that she could not do this, which the appellate court found was a mistake. This mistake was very important and led to the decision to give her a new trial. The appellate court emphasized that everyone has the right to defend themselves and present their story in court, which Dowdy was not allowed to do. The other points raised by Dowdy, such as claims of unfair trial processes, bias from the judge, and other trial errors, were not addressed because the court believed that the preclusion of her intoxication defense was enough to warrant a new trial. In the end, the appellate court said Dowdy should have another opportunity to present her case to a jury where she could defend herself fully. The judge's decision not to allow her intoxication defense to be presented was seen as very serious and unfair, leading the court to reverse the earlier judgment and order a new trial.

Continue ReadingF 2001-171